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Yeshiva University, Cardozo School of Law

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Articles 481 - 510 of 834

Full-Text Articles in Law and Gender

Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock Jan 2004

Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock

Cardozo Journal of Equal Rights & Social Justice

The note critiques the notice provision of the Adoption Act of 2001, arguing that it unjustly required single mothers to publish personal details in newspapers, violating privacy rights under the Due Process Clause and the Florida Constitution. The provision was ultimately invalidated by the Fourth District Court of Appeals, reflecting a broader tension between protecting fathers' rights and safeguarding mothers' privacy. The legislature's repeal of the notice requirement and the establishment of a voluntary putative father registry marked a shift toward balancing these interests while respecting reproductive autonomy.

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn Jan 2004

Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3 Jan 2004

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor Jan 2004

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

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Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens Jan 2004

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …

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Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres Jan 2004

Women's Rights And Children's Rights: A Partnership With Benefits For Both, Jonathan Todres

Cardozo Journal of Equal Rights & Social Justice

The article "Women's Rights and Children's Rights: A Partnership with Benefits for Both" by Jonathan Todres explores the interconnectedness of women's and children's rights, arguing that while separate treaties like CEDAW and CRC are beneficial, a holistic approach combining both frameworks is essential for effective protection. It emphasizes that addressing issues like child prostitution in Thailand requires leveraging both women's and children's rights to create comprehensive solutions.

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Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller Jan 2004

Patriarchy On Lockdown: Deliberate Indifference And Male Prison Rape, Olga Giller

Cardozo Journal of Equal Rights & Social Justice

The note argues that the U.S. prison system perpetuates patriarchy and uses rape as a tool of social control, with the deliberate indifference standard under the Eighth Amendment failing to hold prison officials accountable for preventing sexual violence. It critiques the systemic failure to address prison rape, emphasizing its roots in patriarchal structures and the need for systemic change.

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The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz Jan 2004

The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz

Cardozo Journal of Equal Rights & Social Justice

The article critiques the challenges in determining "habitual residence" under the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA), particularly for neonates. It argues that existing standards, such as the settled purpose and Friedrich standards, are overly rigid and unsuitable for infants who cannot form intent. The Delvoye standard is proposed as a more flexible and age-appropriate solution, emphasizing mutual parental intent and adapting to the child's maturity. By adopting this standard, the article contends that courts can better align with HCCAICA's goals of preventing abduction, ensuring prompt returns, and reducing inconsistent rulings.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2 Jan 2004

Table Of Contents - Cardozo Women's Law Journal, Vol. 10, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Loose Not The Floodgates, Benjamin J. Cooper Jan 2004

Loose Not The Floodgates, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.

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Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer Jan 2004

Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.

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Is Incest Next?, Brett H. Mcdonnell Jan 2004

Is Incest Next?, Brett H. Mcdonnell

Cardozo Journal of Equal Rights & Social Justice

The article examines whether the Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws, might lead to the legalization of consensual adult incest. While the decision could theoretically create a precedent for challenging incest laws, the author argues that such an outcome is unlikely due to significant legal, social, and political differences between sodomy and incest.

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The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr Jan 2004

The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr

Cardozo Journal of Equal Rights & Social Justice

The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.

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The Missing Word In Lawrence V. Texas, Ruthann Robson Jan 2004

The Missing Word In Lawrence V. Texas, Ruthann Robson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden Jan 2004

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

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Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco Jan 2004

Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.

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Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein Jan 2004

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Cardozo Journal of Equal Rights & Social Justice

The article explores the landmark Supreme Court case Lawrence v. Texas (2003), which overturned the Court's earlier decision in Bowers v. Hardwick and struck down a Texas sodomy law criminalizing consensual same-sex intimacy. The ruling significantly advanced LGBTQ+ rights by affirming privacy rights under the Due Process Clause and laying groundwork for future equal protection challenges to laws discriminating based on sexual orientation. The decision's implications extend beyond privacy rights, influencing debates on same-sex marriage, adoption, and other areas of sexual orientation discrimination.

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Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci Jan 2004

Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.

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Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates May 2003

Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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A Woman's Climb Up The Law School Ladder, Autumn Mesa Jan 2003

A Woman's Climb Up The Law School Ladder, Autumn Mesa

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.

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Defining Feminism, Defining Feminisms, Reginald Oh Jan 2003

Defining Feminism, Defining Feminisms, Reginald Oh

Cardozo Journal of Equal Rights & Social Justice

The article argues that the struggle for liberation and recognition of subordinated groups, including women and racial minorities, hinges on their ability to define their own realities and experiences. It emphasizes the importance of moving beyond oppressive frameworks that treat individuals as objects ("I-It" relationships) and toward mutual recognition and respect ("I-Thou" relationships). The author advocates for inclusive feminist theories that account for diverse experiences and reject essentialism, promoting a multidimensional understanding of subordination and liberation.

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Sexism Is A "Family Value", Kimberly Charles Jan 2003

Sexism Is A "Family Value", Kimberly Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.

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Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn Jan 2003

Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn

Cardozo Journal of Equal Rights & Social Justice

The article explores the persistence of gender inequalities in traditionally male-dominated fields, drawing parallels between law and sports. It highlights how gender values and norms perpetuate disparities, even in female-dominated activities like figure skating, despite formal commitments to equality. The author argues that while structural changes have increased women's participation, qualitative equality remains elusive due to entrenched male norms and values.

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Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan Jan 2003

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan

Cardozo Journal of Equal Rights & Social Justice

The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.

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A Bad Subject, Daria Roithmayr Jan 2003

A Bad Subject, Daria Roithmayr

Cardozo Journal of Equal Rights & Social Justice

The article explores the concept of the "bad subject" in legal discourse, arguing that women are often categorized as such because they do not fit the legal definition of a "good subject," which requires full autonomy and self-direction. Women's experiences, influenced by systemic oppression such as patriarchy and racism, complicate this binary, leading to their exclusion from legal protections and recognition of their agency.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2 Jan 2003

Table Of Contents - Cardozo Women's Law Journal, Vol. 9, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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A Closed Mind Is A Wonderful Thing To Lose, Ruth Arlene Howe Jan 2003

A Closed Mind Is A Wonderful Thing To Lose, Ruth Arlene Howe

Cardozo Journal of Equal Rights & Social Justice

The preface emphasizes the importance of maintaining an open mind, particularly in legal education, by highlighting the value of diverse perspectives and collaborative approaches to teaching and learning. It praises the teaching methods of Maria Grahn-Farley, who fosters a cooperative and respectful environment that encourages students to engage with differing viewpoints. The preface suggests that such an approach not only enhances the educational experience but also serves as a model for others to emulate.

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To Do Feminist Legal Theory, Maria Grahn-Farley Jan 2003

To Do Feminist Legal Theory, Maria Grahn-Farley

Cardozo Journal of Equal Rights & Social Justice

The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.

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